Skip to main content

My ex husband cashed out his 401K before our divorce without my signature and did not give me half. Am I entiled to half?

Olathe, KS |
Filed under: Divorce

My ex husband and I handled out divorce decree without a lawyer. He cashed out his 401K without my signature and did not give me half the asset in our divorce decree. It is now 3 years later, and I need half that money now for me and my children to live. What can I do? Can I take him back to court for half?

Attorney Answers 1


You are now seeing one of the perils of handling a complicated divorce on your own.

If the divorce decree required him to pay you and he did not, you can seek court enforcement of the order. However, if you failed to request division of the property and the divorce is final and the decree does not specify that you should receive half, you may be out of luck.

You should have your papers reviewed by a local divorce lawyer who can advise you whether you have any chance of recovering the money.

Mark as helpful

Divorce topics

Top tips from attorneys

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer

Browse all legal topics